1.1 A bill for an act
1.2 relating to health occupations; establishing licensure for massage therapy and
1.3 Asian bodywork therapy; establishing fees; providing criminal penalties;
1.4 appropriating money; amending Minnesota Statutes 2024, sections 146A.01,
1.5 subdivision 4; 146A.06, subdivision 3; 146A.09, by adding a subdivision; proposing
1.6 coding for new law in Minnesota Statutes, chapter 148.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 ARTICLE 1
1.9 MASSAGE THERAPY AND ASIAN BODYWORK THERAPY
1.10 Section 1. [148.636] CITATION.
1.11 Sections 148.636 to 148.6373 may be cited as the "Minnesota Massage Therapy and
1.12Asian Bodywork Therapy Act."
1.13 Sec. 2. [148.6361] DEFINITIONS.
1.14 Subdivision 1.Applicability.For purposes of sections 148.636 to 148.6373, the terms
1.15defined in this section have the meanings given.
1.16 Subd. 2.Advisory council."Advisory council" means the Massage Therapy Advisory
1.17Council established under section 148.6372.
1.18 Subd. 3.Applicant."Applicant" means an individual who has submitted an application
1.19to the commissioner according to sections 148.636 to 148.6373.
1.20 Subd. 4.Asian bodywork therapy.(a) "Asian bodywork therapy" means therapy based
1.21upon Chinese medical principles with the intent of promoting, maintaining, and restoring
1.22health and well-being by affecting the body and emotions.
1Article 1 Sec. 2.
REVISOR SGS/BM 25-0164201/09/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 362
NINETY-FOURTH SESSION
Authored by Pinto, Nadeau, Schomacker, Koegel, Robbins and others02/13/2025
The bill was read for the first time and referred to the Committee on Health Finance and Policy 2.1 (b) Asian bodywork therapy may use any of the following techniques:
2.2 (1) pressing;
2.3 (2) soothing;
2.4 (3) kneading;
2.5 (4) vibration;
2.6 (5) friction;
2.7 (6) passive stretching within the client's physiological range of motion;
2.8 (7) active assistive and resistive movement;
2.9 (8) stretching; and
2.10 (9) tapping, movement, exercising, or manipulation of the soft tissues.
2.11 (c) Methods of assessment and evaluation for Asian bodywork therapy may include a
2.12health history and intake interview; observation; listening; questioning; palpation; and with
2.13the client's permission or if the client is a minor, the permission of the client's legal guardian
2.14or parent, consultation with the client's other health care providers.
2.15 Subd. 5.Client."Client" means a recipient of massage therapy services or Asian
2.16bodywork therapy services.
2.17 Subd. 6.Commissioner."Commissioner" means the commissioner of health or a
2.18designee.
2.19 Subd. 7.Contact hours."Contact hours" means the number of hours during which a
2.20student is engaged in learning activities provided by a board-approved training program.
2.21Contact hours include synchronous or asynchronous distance learning and in-person learning.
2.22 Subd. 8.Credentialing examination."Credentialing examination" means an examination
2.23approved by the commissioner that meets recognized psychometric principles and standards
2.24and is administered by a national testing organization.
2.25 Subd. 9.Licensed Asian bodywork therapist."Licensed Asian bodywork therapist"
2.26or "Asian bodywork therapist" means an individual who meets the qualifications in sections
2.27148.636 to 148.6373 for the practice of Asian bodywork therapy and is licensed by the
2.28commissioner.
2.29 Subd. 10.Licensed massage therapist."Licensed massage therapist" or "massage
2.30therapist" means an individual who meets the qualifications in sections 148.636 to 148.6373
2.31for the practice of massage therapy and is licensed by the commissioner.
2Article 1 Sec. 2.
REVISOR SGS/BM 25-0164201/09/25 3.1 Subd. 11.Massage therapy.(a) "Massage therapy" means the manual manipulation of
3.2the soft tissues of the body to promote, maintain, and restore health and well-being.
3.3 (b) Massage therapy may use any of the following techniques:
3.4 (1) stroking;
3.5 (2) gliding;
3.6 (3) lifting;
3.7 (4) kneading;
3.8 (5) jostling;
3.9 (6) vibration;
3.10 (7) percussion;
3.11 (8) compression;
3.12 (9) friction;
3.13 (10) holding;
3.14 (11) passive stretching within the client's physiological range of motion;
3.15 (12) movement or manipulation of the soft tissues;
3.16 (13) active assistive and resistive movement; and
3.17 (14) stretching.
3.18 (c) Methods of assessment for massage therapy may include a health history and intake
3.19interview; observation of posture and movement; palpation; range of motion assessment;
3.20and with the client's permission or if the client is a minor, the permission of the client's legal
3.21guardian or parent, consultation with the client's other health care providers.
3.22 Subd. 12.Municipality."Municipality" means a county, town, or home rule charter or
3.23statutory city.
3.24 Sec. 3. [148.6362] DUTIES OF THE COMMISSIONER.
3.25 The commissioner, in consultation with the advisory council, shall:
3.26 (1) issue licenses to qualified applicants according to sections 148.636 to 148.6373;
3.27 (2) adopt rules, including standards of practice and a professional code of ethics, necessary
3.28to implement the provisions of sections 148.636 to 148.6373;
3Article 1 Sec. 3.
REVISOR SGS/BM 25-0164201/09/25 4.1 (3) assign duties to the advisory council that are necessary to implement the provisions
4.2of sections 148.636 to 148.6373;
4.3 (4) approve a credentialing examination;
4.4 (5) establish educational requirements, approve massage therapy and Asian bodywork
4.5therapy schools or programs, and conduct or provide for surveys of schools, programs, and
4.6courses;
4.7 (6) enforce sections 148.636 to 148.6373 and investigate violations of section 148.6370
4.8by a licensee or applicant;
4.9 (7) impose discipline as described in section 148.6370;
4.10 (8) maintain a record of names and addresses of licensees; and
4.11 (9) distribute information regarding massage therapy and Asian bodywork therapy
4.12standards, including applications and forms necessary to carry out the provisions of sections
4.13148.636 to 148.6373.
4.14 Sec. 4. [148.6363] LIMITATIONS ON PRACTICE; DATA PRACTICES.
4.15 Subdivision 1.Limitations.The practice of massage therapy and Asian bodywork
4.16therapy does not include:
4.17 (1) performing examinations for the purpose of diagnosis;
4.18 (2) providing treatments that are outside the scope of massage therapy or Asian bodywork
4.19therapy practice;
4.20 (3) attempts to adjust, manipulate, or mobilize any articulation of the body or spine by
4.21the use of high-velocity, low-amplitude thrusting force;
4.22 (4) attempts to stimulate various points of the body by needle insertion or interruption
4.23of the cutaneous integrity by needle insertion to secure therapeutic relief of symptoms;
4.24 (5) prescriptive exercise;
4.25 (6) manual or mechanical traction when applied to the spine or extremities for the
4.26purposes of joint mobilization or manipulation;
4.27 (7) injection therapy;
4.28 (8) laser therapy;
4.29 (9) microwave diathermy;
4.30 (10) electrical stimulation;
4Article 1 Sec. 4.
REVISOR SGS/BM 25-0164201/09/25 5.1 (11) ultrasound;
5.2 (12) iontophoresis; or
5.3 (13) phonophoresis.
5.4 Subd. 2.Referrals to other health care providers.If a reasonably prudent licensed
5.5massage therapist or Asian bodywork therapist finds a client's medical condition is beyond
5.6the scope of practice established by sections 148.636 to 148.6373 for a licensed massage
5.7therapist or Asian bodywork therapist, the therapist must refer the client to a licensed health
5.8care provider. Nothing in this subdivision prohibits the massage therapist or Asian bodywork
5.9therapist from continuing to comanage a client's care.
5.10 Sec. 5. [148.6364] UNLICENSED PRACTICE PROHIBITED; PROTECTED TITLES
5.11AND RESTRICTIONS ON USE.
5.12 Effective January 1, 2027, no person shall practice or attempt to practice massage therapy
5.13or Asian bodywork therapy or use any of the terms or titles "licensed massage therapist,"
5.14"LMT," "licensed Asian bodywork therapist," "LABT," or any other term or title that may
5.15lead the public to believe that the person is engaged in the practice of massage therapy or
5.16Asian bodywork therapy unless the person is licensed under sections 148.636 to 148.6373
5.17as a licensed massage therapist or licensed Asian bodywork therapist.
5.18 Sec. 6. [148.6365] EXEMPTIONS; OTHER HEALTH CARE PROVIDERS.
5.19 Subdivision 1.Other professions.Nothing in sections 148.636 to 148.6373 shall be
5.20construed to prohibit, restrict, or regulate the practice of any profession or occupation
5.21licensed or registered in the state by an individual licensed or registered to practice the
5.22profession or occupation or to perform any act that falls within the scope of practice of the
5.23profession or occupation.
5.24 Subd. 2.Complementary and alternative health care practitioner.(a) Nothing in
5.25sections 148.636 to 148.6373 shall be construed to prohibit, restrict, or regulate the practice
5.26of any individual who is engaged in providing complementary and alternative health care
5.27practices as defined in section 146A.01, subdivision 4, provided that the practitioner does
5.28not advertise or imply that the practitioner is licensed according to sections 148.636 to
5.29148.6373 and the practices are not designated or implied to be massage therapy or Asian
5.30bodywork therapy.
5.31 (b) This subdivision includes any complementary and alternative health care practitioner
5.32who is recognized by or meets the established standards of either a professional organization
5Article 1 Sec. 6.
REVISOR SGS/BM 25-0164201/09/25 6.1or credentialing body that represents or certifies the respective practice based on a minimum
6.2level of training, demonstration of competency, and adherence to ethical standards, and:
6.3 (1) uses touch, words, and directed movement to deepen awareness of existing patterns
6.4of movement as well as to suggest new possibilities of movement;
6.5 (2) uses energy or superficial touch to affect the energy systems of the human body;
6.6 (3) uses touch to effect change in the structure of the body while engaged in the practice
6.7of structural integration; or
6.8 (4) practices reflexology.
6.9 Subd. 3.Other exemptions.Nothing in sections 148.636 to 148.6373 shall be construed
6.10to prohibit, restrict, or regulate individuals providing:
6.11 (1) massage emergency response team services working in conjunction with disaster
6.12relief officials;
6.13 (2) massage therapy services or Asian bodywork therapy services provided by out-of-state
6.14massage therapists or Asian bodywork therapists that are incidental to a specific event, such
6.15as an amateur sports competition, dance performance or event, or other similar athletic
6.16events;
6.17 (3) instruction of education courses in massage therapy or Asian bodywork therapy if
6.18the instruction does not involve the direct delivery of massage therapy services or Asian
6.19bodywork therapy services;
6.20 (4) massage therapy services or Asian bodywork therapy services provided as an
6.21employee of the United States government or any federal government entity while acting
6.22in the course and scope of such employment;
6.23 (5) massage therapy services or Asian bodywork therapy services provided by massage
6.24therapy students or Asian bodywork therapy students practicing under supervision as part
6.25of a school-sanctioned activity; or
6.26 (6) massage therapy services or Asian bodywork therapy services provided without
6.27remuneration to family members.
6.28 Sec. 7. [148.6366] REQUIREMENTS FOR LICENSURE.
6.29 Subdivision 1.General licensure requirements.(a) To be eligible for licensure as a
6.30massage therapist or Asian bodywork therapist according to sections 148.636 to 148.6373,
6.31an applicant must submit to the commissioner:
6Article 1 Sec. 7.
REVISOR SGS/BM 25-0164201/09/25 7.1 (1) a completed application on a form provided by the commissioner that includes:
7.2 (i) the applicant's name, Social Security number, home address and telephone number,
7.3and business address and telephone number;
7.4 (ii) a list of credentials held by the applicant in this state or in any other jurisdiction;
7.5 (iii) a description of any jurisdiction's refusal to license or credential the applicant;
7.6 (iv) a description of all professional disciplinary actions initiated against the applicant
7.7in this state or any other jurisdiction;
7.8 (v) any history of drug or alcohol abuse;
7.9 (vi) any misdemeanor, gross misdemeanor, or felony convictions; and
7.10 (vii) any other additional information requested by the commissioner;
7.11 (2) proof, as required by the commissioner, that the applicant has satisfactorily completed
7.12a postsecondary massage therapy program or Asian bodywork therapy program through a
7.13school or program that:
7.14 (i) is licensed by or registered with the Minnesota Office of Higher Education or has
7.15conditional approval for a registered school and provisional license from the Minnesota
7.16Office of Higher Education; and
7.17 (ii) meets the education and training requirements described under subdivision 2 or 3;
7.18 (3) proof of successful passage of a credentialing examination approved by the
7.19commissioner;
7.20 (4) proof, as required by the commissioner, of current professional liability insurance
7.21coverage or school liability insurance coverage as applicable with at least $2,000,000 of
7.22coverage per occurrence and $6,000,000 annual aggregate; and
7.23 (5) any applicable fees as specified in section 148.6373.
7.24 (b) The applicant must submit to a criminal background check conducted in accordance
7.25with section 214.075 and pay any fees associated with conducting the criminal background
7.26check.
7.27 (c) The applicant must sign the application certifying that the information in the
7.28application is true and correct to the best of the applicant's knowledge and authorizing the
7.29commissioner to obtain access to the applicant's records in this state or any other jurisdiction
7.30in which the applicant has engaged in the practice of massage therapy or Asian bodywork
7.31therapy.
7Article 1 Sec. 7.
REVISOR SGS/BM 25-0164201/09/25 8.1 Subd. 2.Education and training requirements for massage therapy licensure.(a)
8.2An applicant for licensure as a massage therapist under subdivision 1 whose application is
8.3received by the commissioner before July 1, 2030, must submit to the commissioner proof
8.4of satisfactorily completing a postsecondary program that meets the requirements in
8.5subdivision 1, paragraph (a), clause (2), item (i), and includes education and training in:
8.6 (1) anatomy;
8.7 (2) physiology;
8.8 (3) pathology;
8.9 (4) massage therapy;
8.10 (5) massage therapy history, theory, and research;
8.11 (6) professional ethics;
8.12 (7) therapeutic interpersonal communications and standards of practice;
8.13 (8) business and legal practices related to massage therapy; and
8.14 (9) supervised practice demonstrating safe use of equipment and supplies.
8.15 (b) An applicant for licensure as a massage therapist under subdivision 1 whose
8.16application is received by the commissioner on or after July 1, 2030, must submit to the
8.17commissioner proof of satisfactorily completing a postsecondary massage therapy program
8.18that meets the requirements in subdivision 1, paragraph (a), clause (2), item (i), and either:
8.19 (1) has programmatic accreditation for massage therapy training programs from an
8.20agency recognized by the United States Department of Education; or
8.21 (2) includes at least 625 contact hours of education and training composed of 500 contact
8.22hours of instruction in the areas listed in paragraph (a) and 125 contact hours of student
8.23clinical practice.
8.24 (c) A program may require more than 625 total contact hours of education and training,
8.25and may require more than 125 hours of supervised clinical practice, if at least 500 contact
8.26hours are devoted to instruction in the subjects listed in paragraph (a).
8.27 (d) A student shall not begin a supervised clinical practice of massage therapy without
8.28student or professional liability insurance coverage of up to $2,000,000 per occurrence and
8.29$6,000,000 annual aggregate. The school or program may offer the student or professional
8.30liability insurance coverage required under this paragraph to the student.
8Article 1 Sec. 7.
REVISOR SGS/BM 25-0164201/09/25 9.1 Subd. 3.Education and training requirements for Asian bodywork therapy
9.2licensure.(a) An applicant for licensure as an Asian bodywork therapist under subdivision
9.31 whose application is received by the commissioner before July 1, 2030, must submit to
9.4the commissioner proof of satisfactorily completing a postsecondary program that meets
9.5the requirements in subdivision 1, paragraph (a), clause (2), item (i), and includes education
9.6and training in:
9.7 (1) anatomy;
9.8 (2) physiology;
9.9 (3) pathology;
9.10 (4) Asian bodywork therapy;
9.11 (5) traditional Chinese medicine theory;
9.12 (6) Asian bodywork history, theory, and research;
9.13 (7) professional ethics;
9.14 (8) therapeutic interpersonal communications and standards of practice;
9.15 (9) business and legal practices related to Asian bodywork therapy; and
9.16 (10) supervised practice demonstrating safe use of equipment and supplies.
9.17 (b) An applicant for licensure as an Asian bodywork therapist under subdivision 1 whose
9.18application is received by the commissioner on or after July 1, 2030, must submit to the
9.19commissioner proof of satisfactorily completing a postsecondary program that meets the
9.20requirements in subdivision 1, paragraph (a), clause (2), item (i), and either:
9.21 (1) has programmatic accreditation for Asian bodywork therapy training programs from
9.22an agency recognized by the United States Department of Education; or
9.23 (2) includes at least 625 contact hours of education and training composed of 500 contact
9.24hours of instruction in the areas listed in paragraph (a) and 125 contact hours of student
9.25clinical practice.
9.26 (c) An Asian bodywork therapy school or program may require more than 625 total
9.27contact hours of education and training, and may require more than 125 hours of supervised
9.28clinical practice, if at least 500 contact hours are devoted to instruction in the subjects listed
9.29in paragraph (a).
9.30 (d) A student shall not begin a supervised clinical practice of Asian bodywork therapy
9.31without providing proof to the Asian bodywork therapy school or program of professional
9Article 1 Sec. 7.
REVISOR SGS/BM 25-0164201/09/25 10.1liability insurance coverage of up to $2,000,000 per occurrence and $6,000,000 annual
10.2aggregate. The school or program may offer the professional liability insurance coverage
10.3required under this paragraph to the student.
10.4 Subd. 4.Licensure by endorsement.(a) To be eligible for licensure by endorsement,
10.5an applicant must:
10.6 (1) meet the requirements for licensure in subdivision 1 with the exception of subdivision
10.71, paragraph (a), clauses (2) and (3);
10.8 (2) provide proof as required by the commissioner that the massage therapy training
10.9program or Asian bodywork therapy training program at the time of the applicant's enrollment
10.10met the postsecondary education requirements in the jurisdiction in which the program was
10.11provided; and
10.12 (3) provide proof as required by the commissioner of a current and unrestricted equivalent
10.13credential in another jurisdiction that has qualifications at least equivalent to the requirements
10.14of sections 148.636 to 148.6373.
10.15 (b) Licenses issued by endorsement expire on the same schedule and must be renewed
10.16by the procedures described under section 148.6367, subdivision 2.
10.17 Subd. 5.Licensure by prior experience.(a) To be eligible for licensure by prior
10.18experience, an applicant must submit to the commissioner:
10.19 (1) the requirements for licensure in subdivision 1, with the exception of subdivision 1,
10.20paragraph (a), clauses (2) and (3); and
10.21 (2) proof of experience, as required by the commissioner, in the practice of massage
10.22therapy or Asian bodywork therapy for at least two of the previous five years immediately
10.23preceding the licensure application date.
10.24 (b) Licenses issued under this subdivision expire on the same schedule and must be
10.25renewed by the procedures described under section 148.6367, subdivision 2, unless the
10.26license is canceled due to nonrenewal under section 148.6367, subdivision 8, in which case
10.27the individual must apply for a new license under the initial licensure requirements in
10.28subdivision 1.
10.29 (c) The application for licensure by prior experience under this subdivision must be
10.30received by the commissioner before July 1, 2030.
10.31 Subd. 6.Temporary permit.(a) The commissioner may issue a temporary permit to
10.32practice massage therapy or Asian bodywork therapy to an applicant eligible for licensure
10Article 1 Sec. 7.
REVISOR SGS/BM 25-0164201/09/25 11.1under this section if the application for licensure is complete, all applicable requirements
11.2have been met, and applicable fees have been paid. The temporary permit remains valid
11.3until the commissioner takes action on the applicant's application, or 90 days from the
11.4temporary permit's issuance, whichever is sooner.
11.5 (b) A temporary permit holder is considered a licensee for purposes of sections 148.6369
11.6and 148.6370.
11.7 (c) Practicing without a temporary permit is a violation of section 148.6369.
11.8 Sec. 8. [148.6367] LICENSE RENEWAL.
11.9 Subdivision 1.Licensure expiration.Licenses issued according to sections 148.635 to
11.10148.6363 expire biennially.
11.11 Subd. 2.Renewal.To be eligible for licensure renewal, an applicant must biennially,
11.12or as determined by the commissioner, submit to the commissioner:
11.13 (1) a completed renewal application on a form provided by the commissioner;
11.14 (2) any applicable fees as specified in section 148.6373;
11.15 (3) proof of current professional liability coverage with at least $2,000,000 of coverage
11.16per occurrence and $6,000,000 annual aggregate; and
11.17 (4) any additional information requested by the commissioner to clarify information
11.18presented in the renewal application. The applicant must submit the information within 30
11.19days after the commissioner's request, or the renewal request is canceled.
11.20 Subd. 3.Continuing education.(a) A licensed massage or Asian bodywork therapist
11.21must obtain continuing education in the two-year licensing period.
11.22 (b) Continuing education hours will be determined by the board.
11.23 (c) Activities qualifying as continuing education will be determined by the board and
11.24may be completed in person or online.
11.25 (d) All continuing education must be obtained between the effective and expiration dates
11.26of the license.
11.27 Subd. 4.Change of address.A licensee or applicant who changes addresses must inform
11.28the commissioner in writing within 30 days of the change of address. Notices or other
11.29correspondence mailed to or served on a licensee or applicant at the licensee or applicant's
11.30current address on file are considered received by the licensee or applicant.
11Article 1 Sec. 8.
REVISOR SGS/BM 25-0164201/09/25 12.1 Subd. 5.Licensure renewal notice.(a) At least 60 days before the licensure expiration
12.2date, the commissioner shall send out a renewal notice to the last known address of the
12.3licensee. The notice must include:
12.4 (1) a renewal application;
12.5 (2) a notice of fees required for renewal; and
12.6 (3) information stating that licensure will expire without further action by the
12.7commissioner if an application for licensure renewal is not received before the deadline for
12.8renewal.
12.9 (b) The licensee's failure to receive the renewal notice does not relieve the licensee of
12.10the obligation to meet the deadline and other requirements for licensure renewal. Failure to
12.11receive the notice is not grounds for challenging expiration of licensed status.
12.12 Subd. 6.Renewal deadline.The renewal application and fee must be received by the
12.13commissioner or must be postmarked before the license's expiration date. If the postmark
12.14is illegible, the application is timely if received by the third working day after the deadline.
12.15 Subd. 7.Inactive status and return to active status.(a) A license may be placed in
12.16inactive status upon application to the commissioner by the licensee and upon payment of
12.17an inactive status fee as specified in section 148.6373. Failure to pay the annual inactive
12.18status fee shall result in a lapse of licensure.
12.19 (b) A licensee seeking licensure restoration to active status from inactive status must:
12.20 (1) apply to the commissioner for licensure renewal according to subdivision 2; and
12.21 (2) submit the applicable reactivation fee as specified in section 148.6373.
12.22 (c) If the license has been in inactive status for more than five years, the applicant must
12.23also receive a passing score on a credentialing examination before the restoration of the
12.24license to active status.
12.25 Subd. 8.Licensure following lapse for two years or less.To regain active licensure
12.26status for a license that has lapsed for two years or less, the applicant must:
12.27 (1) apply to the commissioner for licensure renewal according to subdivision 2; and
12.28 (2) submit all applicable renewal fees for the period not licensed, including the fee for
12.29late renewal.
12.30 Subd. 9.Cancellation due to nonrenewal.The commissioner shall not renew, reissue,
12.31reinstate, or restore a license that has lapsed and has not been renewed within two years.
12Article 1 Sec. 8.
REVISOR SGS/BM 25-0164201/09/25 13.1An individual whose license is canceled for nonrenewal must obtain a new license by
13.2applying for licensure and fulfilling all requirements under section 148.6366, subdivision
13.31, for initial licensure as a massage therapist or Asian bodywork therapist.
13.4 Sec. 9. [148.6368] COMMISSIONER ACTION ON APPLICATIONS.
13.5 Subdivision 1.General.(a) The commissioner must act on each application for licensure
13.6or renewal according to this section.
13.7 (b) The commissioner shall determine if the applicant meets the requirements for licensure
13.8or renewal under section 148.6366 or 148.6367. The commissioner may investigate
13.9information provided by an applicant to determine whether the information is accurate and
13.10complete and may request additional information or documentation.
13.11 (c) The commissioner shall notify each applicant in writing of action taken on the
13.12application, the grounds for denying licensure if licensure is denied, and the applicant's right
13.13to review under paragraph (d).
13.14 (d) An applicant denied licensure may make a written request to the commissioner within
13.1530 days of the commissioner's notice to appear before the advisory council and for the
13.16advisory council to review the commissioner's decision to deny licensure. After reviewing
13.17the denial, the advisory council shall make a recommendation to the commissioner as to
13.18whether the denial must be affirmed. Each applicant is allowed only one request for review
13.19per licensure period.
13.20 Subd. 2.Licensure prohibited.(a) Except as provided in paragraph (b), the commissioner
13.21shall deny an application for licensure if an applicant:
13.22 (1) has been convicted in this state of any of the following crimes or of equivalent crimes
13.23in another state:
13.24 (i) labor or sex trafficking under section 609.281, 609.282, 609.283, or 609.322;
13.25 (ii) criminal sexual conduct under sections 609.342 to 609.3451 or 609.3453; or
13.26 (iii) a violent crime as defined under section 611A.08, subdivision 6;
13.27 (2) is a registered sex offender under section 243.166;
13.28 (3) has been subject to disciplinary action under section 146A.09, if the commissioner
13.29determines that such denial is necessary to protect the public; or
13.30 (4) is charged with or under investigation for a complaint in this state or any other
13.31jurisdiction that would constitute a violation of statutes or rules established for the practice
13Article 1 Sec. 9.
REVISOR SGS/BM 25-0164201/09/25 14.1of massage therapy or Asian bodywork therapy in this state and the charge or complaint
14.2has not been resolved in favor of the applicant.
14.3 (b) The commissioner may establish criteria whereby an individual convicted of an
14.4offense listed in paragraph (a) may become licensed if the criteria:
14.5 (1) utilize a rebuttable presumption that the applicant is not suitable for licensing or
14.6credentialing;
14.7 (2) provide a standard for overcoming the presumption; and
14.8 (3) require that a minimum of ten years has elapsed since the applicant was released
14.9from incarceration or supervisory jurisdiction related to the offense.
14.10 (c) The commissioner shall not consider an application under paragraph (b) if the
14.11commissioner determines that the victim involved in the offense was a client of the applicant
14.12at the time of the offense.
14.13Sec. 10. [148.6369] GROUNDS FOR DISCIPLINARY ACTION.
14.14 Subdivision 1.Grounds listed.(a) The commissioner may deny, revoke, suspend, limit,
14.15or condition the licensure of a licensed massage therapist or licensed Asian bodywork
14.16therapist or may otherwise discipline a licensee. The fact that massage therapy or Asian
14.17bodywork therapy may be considered a less customary approach to health care must not by
14.18itself constitute the basis for disciplinary action.
14.19 (b) The following are grounds for disciplinary action regardless of whether injury to a
14.20client is established:
14.21 (1) failing to demonstrate the qualifications or to satisfy the requirements for licensure
14.22under sections 148.636 to 148.6373 or rules of the commissioner. In the case of an applicant,
14.23the burden of proof is on the applicant to demonstrate the qualifications or satisfy the
14.24requirements;
14.25 (2) advertising in a false, fraudulent, deceptive, or misleading manner, including but not
14.26limited to:
14.27 (i) advertising or holding oneself out as a "licensed massage therapist," "LMT," "licensed
14.28Asian bodywork therapist," "LABT," or any abbreviation or derivative thereof to indicate
14.29such a title, when such licensure is not valid or current for any reason;
14.30 (ii) advertising or holding oneself out as a "licensed massage therapist," "licensed Asian
14.31bodywork therapist," or any abbreviation or derivative thereof to indicate such a title, except
14Article 1 Sec. 10.
REVISOR SGS/BM 25-0164201/09/25 15.1if the individual holds a license in another state or jurisdiction and does not provide services
15.2in Minnesota;
15.3 (iii) advertising a service, the provision of which would constitute a violation of this
15.4chapter or rules established by the commissioner; and
15.5 (iv) using fraud, deceit, or misrepresentation when communicating with the general
15.6public, health care providers, or other business professionals;
15.7 (3) falsifying information in a massage therapy or Asian bodywork therapy licensure or
15.8renewal application or attempting to obtain licensure, renewal, or reinstatement by fraud,
15.9deception, or misrepresentation, or aiding and abetting any of these acts;
15.10 (4) engaging in conduct with a client that is sexual or may reasonably be interpreted by
15.11the client as sexual, or engaging in any verbal behavior that is seductive or sexually
15.12demeaning to a client, or engaging in sexual exploitation of a client, without regard to who
15.13initiates such behaviors;
15.14 (5) committing an act of gross malpractice, negligence, or incompetency, or failing to
15.15practice massage therapy or Asian bodywork therapy with the level of care, skill, and
15.16treatment that is recognized by a reasonably prudent massage therapist or Asian bodywork
15.17therapist as being acceptable under similar conditions and circumstances;
15.18 (6) having an actual or potential inability to practice massage therapy or Asian bodywork
15.19therapy with reasonable skill and safety to clients by reason of illness, as a result of any
15.20mental or physical condition, or use of alcohol, drugs, chemicals, or any other material.
15.21Being adjudicated as mentally incompetent, mentally ill, a chemically dependent person,
15.22or a person dangerous to the public by a court of competent jurisdiction, inside or outside
15.23of this state, may be considered evidence of an inability to practice massage therapy or
15.24Asian bodywork therapy;
15.25 (7) being the subject of disciplinary action as a massage therapist or Asian bodywork
15.26therapist in another state or jurisdiction if the commissioner or advisory council determines
15.27that the cause of the disciplinary action would be a violation under this state's statutes or
15.28rules of the commissioner had the violation occurred in this state;
15.29 (8) failing to notify the commissioner of revocation or suspension of a credential, or any
15.30other disciplinary action taken by this or any other state, territory, or country, including any
15.31restrictions on the right to practice; or the surrender or voluntary termination of a credential
15.32during a commissioner investigation of a complaint, as part of a disciplinary order, or while
15.33under a disciplinary order;
15Article 1 Sec. 10.
REVISOR SGS/BM 25-0164201/09/25 16.1 (9) conviction of a crime, including a finding or verdict of guilt, an admission of guilt,
16.2or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States,
16.3reasonably related to engaging in massage therapy practices or Asian bodywork therapy
16.4practices. Conviction, as used in this clause, includes a conviction for an offense that, if
16.5committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor
16.6regardless of its designation elsewhere, or a criminal proceeding where a finding or verdict
16.7of guilty is made or returned but the adjudication of guilt is either withheld or not entered;
16.8 (10) if a licensee is on probation, failing to abide by terms of probation;
16.9 (11) practicing or offering to practice beyond the scope of the practice of massage therapy
16.10or Asian bodywork therapy;
16.11 (12) managing client records and information improperly, including but not limited to
16.12failing to maintain adequate client records, comply with a client's request made according
16.13to sections 144.291 to 144.298, or furnish a client record or report required by law;
16.14 (13) revealing a privileged communication from or relating to a client except when
16.15otherwise required or permitted by law;
16.16 (14) providing massage therapy services or Asian bodywork therapy services that are
16.17linked to the financial gain of a referral source;
16.18 (15) obtaining money, property, or services from a client, other than reasonable fees for
16.19services provided to the client, through the use of undue influence, harassment, duress,
16.20deception, or fraud;
16.21 (16) engaging in abusive or fraudulent billing practices, including violations of federal
16.22Medicare and Medicaid laws or state medical assistance laws;
16.23 (17) failing to consult with a client's health care provider who prescribed a course of
16.24massage therapy treatment or Asian bodywork therapy treatment if the treatment needs to
16.25be altered from the original written order to conform with standards in the massage therapy
16.26or Asian bodywork therapy field or the licensee's level of training or experience;
16.27 (18) failing to cooperate with an investigation of the commissioner or the commissioner's
16.28representatives, including failing to: respond fully and promptly to any question raised by
16.29or on behalf of the commissioner relating to the subject of the investigation; execute all
16.30releases requested by the commissioner; provide copies of client records as reasonably
16.31requested by the commissioner to assist in the commissioner's investigation; and appear at
16.32conferences or hearings scheduled by the commissioner or the commissioner's staff;
16Article 1 Sec. 10.
REVISOR SGS/BM 25-0164201/09/25 17.1 (19) interfering with an investigation or disciplinary proceeding, including by willful
17.2misrepresentation of facts or by the use of threats or harassment to prevent a person from
17.3providing evidence in a disciplinary proceeding or any legal action;
17.4 (20) violating a statute, rule, order, or agreement for corrective action that the
17.5commissioner issued or is otherwise authorized or empowered to enforce;
17.6 (21) aiding or abetting a person in violating sections 148.636 to 148.6373;
17.7 (22) failing to report to the commissioner other massage therapists or Asian bodywork
17.8therapists who commit violations of sections 148.636 to 148.6373; and
17.9 (23) failing to notify the commissioner in writing of the entry of a final judgment by a
17.10court of competent jurisdiction against the licensee for malpractice of massage therapy or
17.11Asian bodywork therapy, or any settlement by the licensee in response to charges or
17.12allegations of malpractice of massage therapy or Asian bodywork therapy. The notice must
17.13be provided to the commissioner within 60 days after the entry of a judgment or date of
17.14settlement, and must contain the name of the court, case number, and the names of all parties
17.15to the action.
17.16 Subd. 2.Evidence.In disciplinary actions alleging a violation of subdivision 1, a copy
17.17of the judgment or proceeding under the seal of the court administrator or of the
17.18administrative agency must be admissible into evidence without further authentication and
17.19must constitute prima facie evidence of the violation.
17.20 Subd. 3.Examination; access to medical data.The commissioner may take the actions
17.21described in section 148.261, subdivision 5, if the commissioner has probable cause to
17.22believe that grounds for disciplinary action exist under subdivision 1, paragraph (b), clause
17.23(6). The requirements and limitations described in section 148.261, subdivision 5, must
17.24apply.
17.25Sec. 11. [148.6370] DISCIPLINE; REPORTING.
17.26 For purposes of sections 148.636 to 148.6373, massage therapists or Asian bodywork
17.27therapists and applicants for licensure are subject to sections 148.262 to 148.266.
17.28Sec. 12. [148.6371] EFFECT ON MUNICIPAL ORDINANCES.
17.29 Subdivision 1.License authority.Effective July 1, 2027, the provisions of sections
17.30148.636 to 148.6373 preempt the licensure and regulation of massage therapists or Asian
17.31bodywork therapists by a municipality, including, without limitation, conducting a criminal
17.32background investigation and examination of a massage therapist or Asian bodywork
17Article 1 Sec. 12.
REVISOR SGS/BM 25-0164201/09/25 18.1therapist, or applicant for a municipality's credential to practice massage therapy or Asian
18.2bodywork therapy.
18.3 Subd. 2.Municipal regulation.Sections 148.636 to 148.6373 do not limit a municipality
18.4from:
18.5 (1) requiring a massage therapy or Asian bodywork therapy establishment to obtain a
18.6business license or permit to conduct business in the municipality; or
18.7 (2) regulating other professions or occupations.
18.8 Sec. 13. [148.6372] MASSAGE THERAPY ADVISORY COUNCIL.
18.9 Subdivision 1.Creation; membership.(a) The Massage Therapy Advisory Council is
18.10created and is composed of five members appointed by the commissioner. All members
18.11must have resided in this state for at least three years immediately preceding appointment.
18.12The advisory council consists of:
18.13 (1) two public members, as defined in section 214.02; and
18.14 (2) three members who are licensed under sections 148.636 to 148.6373, two of whom
18.15must be licensed as massage therapists.
18.16 (b) No more than one member of the advisory council may be an owner or administrator
18.17of a massage therapy education provider.
18.18 Subd. 2.Administration.The advisory council is established and administered under
18.19section 15.059.
18.20 Subd. 3.Chair.The advisory council shall elect a chair from among its members.
18.21 Subd. 4.Duties.The advisory council shall:
18.22 (1) advise the commissioner on establishing standards of practice and a code of ethics
18.23for licensed massage therapists or Asian bodywork therapists;
18.24 (2) advise the commissioner on distributing information regarding massage therapy or
18.25Asian bodywork therapy practice standards;
18.26 (3) review applications and make recommendations for granting or denying applications
18.27for licensure or licensure renewal;
18.28 (4) advise the commissioner on issues related to receiving and investigating complaints,
18.29conducting hearings, and imposing disciplinary action in relation to complaints filed against
18.30licensed massage therapists or Asian bodywork therapists; and
18Article 1 Sec. 13.
REVISOR SGS/BM 25-0164201/09/25 19.1 (5) perform other duties authorized for advisory councils under chapter 214, as directed
19.2by the commissioner.
19.3 Subd. 5.Expiration.Notwithstanding section 15.059, the advisory council does not
19.4expire.
19.5 Sec. 14. [148.6373] FEES.
19.6 Subdivision 1.Fees.Fees are as follows:
19.7 (1) initial licensure with application fee must not exceed $285;
19.8 (2) biennial licensure renewal fee must not exceed $185;
19.9 (3) duplicate licensure certificate, $15;
19.10 (4) late fee, $50;
19.11 (5) annual inactive status, $50;
19.12 (6) inactive to active status reactivation, $50;
19.13 (7) temporary permit, $50; and
19.14 (8) returned check, $35.
19.15 Subd. 2.Late renewal fee.An application for licensure renewal submitted after the
19.16deadline must be accompanied by a late fee in addition to the required fees.
19.17 Subd. 3.Nonrefundable fees.All of the fees in this section are nonrefundable.
19.18 Subd. 4.Deposit.Fees collected by the commissioner under this section must be deposited
19.19into the state government special revenue fund.
19.20Sec. 15. INITIAL MASSAGE THERAPY ADVISORY COUNCIL.
19.21 Subdivision 1.Initial member appointments.The commissioner of health shall make
19.22the initial appointments to the Massage Therapy Advisory Council authorized under
19.23Minnesota Statutes, section 148.6372, by January 1, 2027. The initial therapist members
19.24appointed to the advisory council need not be licensed under Minnesota Statutes, sections
19.25148.636 to 148.6373, prior to initial appointment, but must be a practicing massage therapist
19.26or Asian bodywork therapist with at least five years experience in the practice of massage
19.27therapy or Asian bodywork therapy. A massage therapist or Asian bodywork therapist
19.28initially appointed to the advisory council must obtain licensure under Minnesota Statutes,
19.29sections 148.636 to 148.6373, by July 1, 2028. If the massage therapist member does not
19.30obtain licensure by July 1, 2028, the member must be removed from the advisory council
19Article 1 Sec. 15.
REVISOR SGS/BM 25-0164201/09/25 20.1by the commissioner and a new member who is licensed under Minnesota Statutes, sections
20.2148.636 to 148.6373, must be appointed by the commissioner.
20.3 Subd. 2.First advisory council meeting; initial chair.The commissioner of health
20.4shall designate one member from the initial appointments to call the first meeting of the
20.5advisory council. The first meeting must be convened by May 15, 2027. The advisory
20.6council shall elect a chair from its members at the first advisory council meeting.
20.7 Sec. 16. APPROPRIATION.
20.8 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the state
20.9government special revenue fund to the commissioner of health to implement Minnesota
20.10Statutes, sections 148.636 to 148.6373. The base for this appropriation is $........
20.11 EFFECTIVE DATE.This section is effective the day following final enactment.
20.12Sec. 17. EFFECTIVE DATE.
20.13 Sections 1 to 15 are effective January 1, 2027, unless a different date is indicated.
20.14 ARTICLE 2
20.15 CONFORMING AMENDMENTS
20.16Section 1. Minnesota Statutes 2024, section 146A.01, subdivision 4, is amended to read:
20.17 Subd. 4.Complementary and alternative health care practices.(a) "Complementary
20.18and alternative health care practices" means the broad domain of complementary and
20.19alternative healing methods and treatments, including but not limited to: (1) acupressure;
20.20(2) anthroposophy; (3) aroma therapy; (4) ayurveda; (5) cranial sacral therapy; (6) culturally
20.21traditional healing practices; (7) detoxification practices and therapies; (8) energetic healing;
20.22(9) polarity therapy; (10) folk practices; (11) healing practices utilizing food, food
20.23supplements, nutrients, and the physical forces of heat, cold, water, touch, and light; (12)
20.24Gerson therapy and colostrum therapy; (13) healing touch; (14) herbology or herbalism;
20.25(15) homeopathy; (16) nondiagnostic iridology; (17) body work, massage, and massage
20.26therapy somatic movement therapy and movement education, structural integration practices,
20.27and reflexology practices; (18) meditation; (19) mind-body healing practices; (20)
20.28naturopathy; (21) noninvasive instrumentalities; and (22) traditional Oriental practices, such
20.29as Qi Gong energy healing.
20.30 (b) Complementary and alternative health care practices do not include surgery, x-ray
20.31radiation, administering or dispensing legend drugs and controlled substances, practices
20Article 2 Section 1.
REVISOR SGS/BM 25-0164201/09/25 21.1that invade the human body by puncture of the skin, setting fractures, the use of medical
21.2devices as defined in section 147A.01, any practice included in the practice of dentistry as
21.3defined in section 150A.05, subdivision 1, or the manipulation or adjustment of articulations
21.4of joints or the spine as described in section 146.23 or 148.01.
21.5 (c) Complementary and alternative health care practices do not include practices that
21.6are permitted under section 147.09, clause (11), or 148.271, clause (5).
21.7 (d) This chapter does not apply to, control, prevent, or restrict the practice, service, or
21.8activity of lawfully marketing or distributing food products, including dietary supplements
21.9as defined in the federal Dietary Supplement Health and Education Act, educating customers
21.10about such products, or explaining the uses of such products. Under Minnesota law, an
21.11unlicensed complementary and alternative health care practitioner may not provide a medical
21.12diagnosis or recommend discontinuance of medically prescribed treatments.
21.13 EFFECTIVE DATE.This section is effective July 1, 2027.
21.14Sec. 2. Minnesota Statutes 2024, section 146A.06, subdivision 3, is amended to read:
21.15 Subd. 3.Exchanging information.(a) The office shall establish internal operating
21.16procedures for:
21.17 (1) exchanging information with state boards; agencies, including the Office of
21.18Ombudsman for Mental Health and Developmental Disabilities; health-related and law
21.19enforcement facilities; departments responsible for licensing health-related occupations,
21.20facilities, and programs; and law enforcement personnel in this and other states; and
21.21 (2) coordinating investigations involving matters within the jurisdiction of more than
21.22one regulatory agency.
21.23 (b) The procedures for exchanging information must provide for the forwarding to the
21.24entities described in paragraph (a), clause (1), of information and evidence, including the
21.25results of investigations, that are relevant to matters within the regulatory jurisdiction of
21.26the organizations in paragraph (a). The data have the same classification in the hands of the
21.27agency receiving the data as they have in the hands of the agency providing the data.
21.28 (c) The office shall establish procedures for exchanging information with other states
21.29regarding disciplinary action against unlicensed complementary and alternative health care
21.30practitioners.
21.31 (d) The office shall forward to another governmental agency any complaints received
21.32by the office that do not relate to the office's jurisdiction but that relate to matters within
21Article 2 Sec. 2.
REVISOR SGS/BM 25-0164201/09/25 22.1the jurisdiction of the other governmental agency. The agency to which a complaint is
22.2forwarded shall advise the office of the disposition of the complaint. A complaint or other
22.3information received by another governmental agency relating to a statute or rule that the
22.4office is empowered to enforce must be forwarded to the office to be processed in accordance
22.5with this section.
22.6 (e) The office shall furnish to a person who made a complaint a description of the actions
22.7of the office relating to the complaint.
22.8 (f) The office shall report to the commissioner of health all final disciplinary actions
22.9against individuals practicing massage therapy or Asian bodywork therapy as unlicensed
22.10complementary and alternative health care practitioners. Upon request by the commissioner,
22.11the office must share all complaint, investigatory, and disciplinary data regarding a named
22.12individual who has practiced or is practicing massage therapy or Asian bodywork therapy
22.13as an unlicensed complementary and alternative health care practitioner.
22.14 EFFECTIVE DATE.This section is effective July 1, 2027.
22.15Sec. 3. Minnesota Statutes 2024, section 146A.09, is amended by adding a subdivision to
22.16read:
22.17 Subd. 8.Licensed massage therapists.A person whose licensure as a massage therapist
22.18or Asian bodywork therapist under sections 148.636 to 148.6373 has been suspended or
22.19revoked by the commissioner of health must not practice as an unlicensed complementary
22.20and alternative health care practitioner under this chapter during a period of suspension or
22.21revocation.
22.22 EFFECTIVE DATE.This section is effective July 1, 2027.
22Article 2 Sec. 3.
REVISOR SGS/BM 25-0164201/09/25 Page.Ln 1.8MASSAGE THERAPY AND ASIAN BODYWORK THERAPY.......ARTICLE 1
Page.Ln 20.14CONFORMING AMENDMENTS ........................................................ARTICLE 2
1
APPENDIX
Article locations for 25-01642